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Thursday, August 20, 2015

90 days and still no inquest into ‘death in custody’ case

Hindraf writes an open letter to the Chief Justice in regard to the death in custody of Shashikumar a/l Selvam at Kluang Prison on May 22, 2015.
FMT LETTERS
Custodial_death
By P Waytha Moorthy
Dear Yang Amat Arif Tun Arifin Zakaria, the Honourable Chief Justice,
We refer to the above matter and to our letter dated June 17, 2015 addressed to Your Lordship. We regret that despite the urgency of the matter Your Lordship’s office has maintained complete silence on the matter.
It has now been 90 days since Shashikumar (believed to have been murdered in prison) died and his body is still lying at the Kluang mortuary awaiting directions from your office for an inquest to be held to find out the truth of the matter.
In our letter referred to above, we brought to your attention the following Practice Directions;
“Practice Directions dated April 18, 2014 from the office of the Chief Registrar of Federal Court and its note clearly states an inquest needs to be held whenever there is death in prison.
The following directions are referred:
Direction 9.1 (a) The Coroner (sessions judge) must be present at the scene of death for examination of the body;
b) Annex A Guidelines to Inquest item 2 (b) how, when and where the deceased came by his death;
c) Guideline 2 (d) the Coroner to inquire the persons who carried out the act or omissions causing the death;
d) Guideline 3 D (2) and (3) categories of cases where inquest should be held include where there is likelihood to uncover important systematic defects or risks not already known and where views of the family and the public are likely to assist and maintain public confidence in the administration of justice.
Guidelines on the pre-inquest requires:
a) Coroner to view and examine the body in situ, take note of the marks and injury;
b) questioning the cellmates of the deceased and other relevant persons;
c) obtain copies of the lock up diary and documentation of the movement of deceased;
d) whatever observations to be noted down and forms part of the later inquest proceedings.
We are puzzled as to why your office has taken a lackadaisical attitude on this matter which involves a very serious and genuine belief by the grandmother and members of the public that the prisoner Shashikumar was murdered in prison.
Hasn’t it dawned on your office that prison is a secure place and death involving an inmate requires the law and provisions of the law as well as your office’s own Practice Directions be respected?
We wish to bring to your attention that silence will not solve the problem and the public are enquiring as to what the attitude of your office is in handling this issue.
The Human Rights Commission has written a letter to the grandmother of the victim Madam Susilarani vide a letter dated July 16, 2015.
The Human Rights Commission’s letter raised further questions and clearly indicates the following points:-
a) There is a drug syndicate operating within the prison in Kluang;
b) Inmates are supplied with dangerous drugs from drug barons/syndicates/who seem to be working in cahoots with certain unknown prison officers to traffic drugs into prison;
c) It appears the syndicate is protected by unknown and unidentified prison officers;
d) There are irresistible presumptions that the evidence gathered by the Human Rights Commission points to the fact the victim was murdered and his murder is being covered up by unknown hands.
The inaction by the police to investigate the drug syndicate operating in prison raises doubts about the integrity of the police.
Your Lordship’s office can no longer maintain an elegant silence as the Practice Directions issued from your office must be respected.
We would be compelled to advise Madam Susilarani to lodge a formal complaint to the United Nations Human Rights Council if no inquest is held within 100 days of Shashikumar’s death.
We urge your good office to do what is right. An inquest is the only way to get to the bottom of this matter and unearth the truth. Would Your Lordship’s office be willing to issue the necessary directions for an inquest? Failure to act promptly would allow erosion of public confidence in the Judiciary as the guardian of the Rule of Law.
P Waytha Moorthy is the chair of Hindraf

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